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COMMONWEALTH v. EZELL

431 Pa. 101 (1968)

Commonwealth v. Ezell, Appellant.

Supreme Court of Pennsylvania.

August 13, 1968.

Attorney(s) appearing for the Case

Arthur K. Dils, Assistant Public Defender, for appellant.

Jerome T. Foerster, Assistant District Attorney, and LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE ROBERTS, August 13, 1968:

The sole issue raised in this proceeding under the Post Conviction Hearing Act is whether appellant knowingly and intelligently waived the right to appeal his conviction of murder in the second degree. The court below held an evidentiary hearing limited solely to this question, and decided that Ezell did so waive. We disagree and therefore hold that appellant must now be given leave to file post-trial motions, and if...

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